Contractor accountability

Changes help building code enforcers offer customers more protection

As Broward County prepares for another hurricane season, its building code enforcers have new powers to crack down on state-licensed contractors who break the rules.

For the first time, code enforcers can levy $500 fines against contractors who perform work without a building permit or who fail to secure construction materials after a hurricane watch is declared.

Under a law passed by county commissioners this past spring, contractors can be fined for abandoning a project if they do no work for 30 consecutive days, instead of 90 days under the old rules. Code enforcers can issue citations on the spot, instead of waiting to take the case to a licensing board or hearing officer. The law also increases penalties to third-degree felonies for unlicensed contractors who commit violations.

The new powers come too late to benefit condo owners at the Waters Edge, in Pompano Beach, where 80 unit owners are still waiting for hurricane shutters and repairs to patios damaged by Hurricane Wilma in October 2005. They signed a contract 11/2 years ago with two Brevard County companies that took more than $100,000 of their money in deposits but never did any work.

Unit owner Ron Frey said he lost $1,700 and "I don't ever expect to see my money."

Criminal investigations began in January against the companies, Roll-Tek Industries and Carolina Metal Products Inc. The companies' officers could not be reached for comment; the offices' phone numbers are no longer in service.

So now the condo board is paying Florida's Choice Construction, in Hollywood, and East Coast Windows and Doors, in Fort Lauderdale, about $500,000 total for patio repairs and new hurricane-impact sliding-glass doors for the 11-story, 35-year-old building.

"Sure, we're all a little nervous now with hurricane season here," said condo board President Fred Rathke. "We're hoping Mother Nature will be kind to us, at least through the first of September."

Licensed contractors must meet minimum standards and have proper insurance, enabling government officials to track them down if a complaint is filed.

Licensed contractors can get a building permit, ensuring that building inspectors check their work.

However, using a licensed contractor is no guarantee the job will get done.

Hipolito Cruz Jr., who manages the Broward Building Code Services Division's investigations, licensing and enforcement unit, has seen a recent surge in complaints.

"It used to be complaints against licensed contractors were about 25 percent of the complaints we got," Cruz said. "Now they are running about 40 percent and a lot of them are multiple cases against licensed shutter companies that aren't delivering the product."

Palm Beach County also has seen an increase in complaints, said Bill Brod, the county's contractor certification coordinator. But unlike in Broward, many of the complaints come from fellow contractors.

"Because the economy has gone down, the contractors are looking to grab work, and they are making complaints against each other," Brod said.

A lot of the complaints are unfounded, he added.

Until recently, Palm Beach County was tougher on licensed and unlicensed contractors than Broward. But Cruz said Broward has worked for 11/2 years to toughen its laws.

While the changes speed up the process and give consumers more protection, Coral Springs resident Cathy Lerman says they don't go far enough. She is lobbying the county to treat the complaints as criminal violations so the Broward Sheriff's Office can become the clearinghouse for cases to be reported and investigated. Without that, Lerman said, bad contractors are free to hopscotch from one Broward city to another without being detected.

"We've basically been giving contractors a license to steal once they have your deposit," said Lerman, an attorney who claimed she lost $7,500 to a Hollywood fence contractor. "We can't go through another hurricane season without adequate enforcement to protect our citizens."

Cruz said complaints against contractors should come to his division first and cities know that. He said once his office investigates, if criminal charges are warranted, the case goes to the Sheriff's Office.

He said the county's top priority is to get people their money back. In the past two years, Cruz said his unit has recovered more than $1 million. The unit does not track how much fraud was alleged.

In Boca Raton, Rose Vinti is still waiting for the hurricane shutters she ordered in March 2006 from a Fort Lauderdale company.

Last week the company, Shutter and Screen Supply, delivered the shutters but parts of the order were wrong and it will need to be redone.

Company officials did not return phone calls seeking comment.

"It's so frustrating," said Vinti, who has lived in her Boca Hill condo for 13 years.

"I'd keep calling them and they'd keep telling me another six weeks, or four weeks or whatever. This is a small job. and it's not right to have to go through this."

Robin Benedick can be reached at rbenedick@sun-sentinel.com or 954-385-7914.